“This system of theft will continue until the entire estate has been stolen leaving the victim penniless. At this point, Medicare and Medicaid are used as the cash cow to cover medical expenses and the inflated charges of nursing, the doctors’ visits and vast amounts of medications are charged off to these services costing these services millions each year in padded billing. “

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One of the worst pseudo courts in the US is the system of probate courts. Across the board, in absolutely every state is a so-called court system that operates for profit at the expense of any individual or family unfortunate enough to have any assets. By law, upon death of the estate holder, all assets are seized by the court for distribution. Supposedly these courts are charged with making sure all assets are distributed in the manner the decedent supposedly wanted yet it is estimated that 80% of heirs never receive their inheritance or receive only small portions of what was originally left to them as a result of the criminal racketeering that occurs in these courts.

Between the probate judge who has a financial interest against the estate collecting on average 6-7% of the estate nationally,(this is aside from his annual salary paid by the state and is assessed against each and every probate case in their courts) and attorneys who will land on the estates like a swarm of vultures and who misuse the courts to access the assets of the decedent while filing vexatious motions, charges and suits then charging hyper-inflated fees for these actions against the estate, there is little chance heirs will receive anything at all.

Probate begins when a person dies. The decedent’s last will and testament and death certificate are filed through probate court which sets this system of organized crime into motion. The will outlines the decedents’ final wishes including funeral arrangements and distribution of assets.

So how do living persons end up having their estates stolen by predatory guardians, crooked attorneys, and corrupted judges? After all, probate is premised upon the individual having died.

You are dead in the law!

The most insidious motion filed in any guardianship case is the motion that creates the guardianship. This motion, once granted, removes all civil and constitutional rights of the person in question. These people now do not even have the rights still afforded death row prisoners. In effect these individuals now held prisoner by the predatory guardianship are “dead in the law” and the courts view them as if they are in fact, literally dead. Dead people have no rights.

Once this fictional non-existence is blessed by the court, the court proceeds to treat the estate as if an actual death had occurred.

If these courts operated as prescribed by law, they could only address testate and intestate cases with the accompanying death certificate.

As these courts are now used routinely to facilitate the theft of estates from the living person, a nationwide system has developed wherein state agency personnel, predatory professional guardians, attorneys who make their living robbing estates and judges all carve up the estate of a living human being while that individual is held prisoner in a facility that is routinely used for these purposes and also profiting from the hostage situation.

During this time, and while the estate is being bled of its contents, it is not uncommon for the now hostage elderly or handicapped person to be administered heavy doses of psychotropic drugs to keep them subdued. This is especially handy when a “competency” test is administered. This test supposedly confirms the predatory guardians’ allegations that the individual in question is not competent, yet, the guardian, nor the doctors involved will inform the court that the individual is heavily medicated with mind-altering drugs.

Actually, it is generally known by the court in advance that the person in question will be rendered unable to function normally and the courts will not allow any evidence to be introduced which would conflict with the pre-planned fictional rendering of the competency hearing.

Once the estate is depleted and all property has been re-titled to the predatory guardian, then sold for profit in many cases, and while the trusts funds, wills, medical directives and other legal instruments constructed by the actual owner of the estate are discarded by the courts the cash accounts are tapped incessantly for administrative charges by the predatory guardian. The estate is hammered constantly by attorneys who inflate their fees and file frivolous motions into the court.

Seldom are these predators asked to produce verifiable documentation for the expenses charged against the estate, and many times even under pressure cannot produce anything to validate the funds transferred from the victims personal accounts into the predators personal accounts.

This system of theft will continue until the entire estate has been stolen leaving the victim penniless. At this point, Medicare and Medicaid are used as the cash cow to cover medical expenses and the inflated charges of nursing, the doctors’ visits and vast amounts of medications are charged off to these services costing these services millions each year in padded billing.

They can’t do that! We got laws!

We may have laws, but in probate court these laws aren’t adhered to; not that they are to any extent in any other court either. If you challenge the predatory guardian you will most likely be slapped with a restraining order, if not given jail time.

Any evidence that refutes the predatory guardians’ case or claims, is routinely rejected by the court. They refuse to even look at it.

The victim is held in isolation and family and friends cannot visit or many times even know where the victim is being held.

Restraining orders against the family are commonly issued based on hearsay evidence, the source of which is usually the predatory guardian who invents a complaint….no other evidence needed.

Attempts to access the court for fair hearing of evidence or complaint of abuse, neglect, unneeded medical procedures and medications used against the victim most likely will result in contempt charges and jail time.

Attorneys for the victims, charging thousands if not tens of thousands of dollars for their services sit in these courts and refuse to represent their clients. Most times they do not speak at all in the defense of the family or the victim.

The list of lawful rights being violated by these criminal courts is long and well documented. Those listed above are just the tip of the iceberg.

So what can you do?

Apparently not much. Families and spouses who have had their family member or spouses targeted by predatory guardianships have begged and pleaded with their local district attorneys, states attorneys, ombudsman, state and federal legislators, to no avail.

The police won’t take a report from you about neglect, abuse or mistreatment committed by the predatory guardian, etc., but they will kidnap your loved one and deliver them to the predatory guardians’ prison of choice. Then you will be told to go to your local health department and complain. They send you to the district attorneys office who then sends you to the states attorney general who informs you that you need to make a report to the police.

And those elected officials? Those senators and representatives, both state and federal? Useless. The general response is one of two things:

This is a legal issue and I can’t get involved; you need to hire an attorney.

This comes under separation of powers and is out of my hands.

Neither of these canned statements amount to anything more than: “I don’t want to be bothered and you don’t have any money to contribute to my campaign.” These are the same public officials who went into state statutes in many states and removed the requirement of “due process”. While this may be legal, it is not lawful.

These are the very people who can do something about this and they comprise the very governmental body that created the laws that facilitated this system of government sanctioned racketeering.

Our elderly and disabled are being victimized by corrupt probate judges and the established rings of predatory guardians and attorneys. The same judges, attorneys, predatory guardians, adult protective agencies (a misnomer) and other agencies and personnel show up repeatedly in every area; its always the same group of individuals each working in one respective area of estate theft.

Be alarmed if state agency personnel show up with a predatory guardian, a stranger to the family, on speed dial. The money mill is about to start rolling.

The claim that estate planning will avoid these problems is false. Probate courts have no problem discarding the instruments of planned estates to facilitate the theft. And who is going to stop them? After all, they are only stealing from a person deemed to be dead in the law. They’re just picking over the corpse. That’s what vultures do.

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This list is comprised of only some of the groups working to stop the abuse of the elderly.

Related

In the fall of 08 Wells Fargo and Wachovia were caught in a “shadow banking” transaction with a Mexican drug transaction with a Mexican drug cartel. This transaction generated $367b over an 18 month period. The top five banks have been assessed over $2t in fines since 04. None of this money has come back to main street. The “shadow inventory” of homes that was created by the banks which are owned by the 1% are being gobbled up with the $35t that they have been allowed to keep in offshore accounts. If the 5 largest banks have engaged in 2 transactions per day such as the Wells, Wachovia transaction, that amounts to $367bx2x5x365x10. Do the math, then read, http://www.ajsanford-honestyproject.org

Does anyone know how to send this “feed” to Dr. Phil, 48 Hrs, etc? I’ve written individually as I’m sure many of you have. THEY WON”T BELIEVE US.. but this just would have to help. CURSICHELLA: thanks for trying to help your neighbor. Perhaps she was my aunt. WE TRIED TO; told the states attorney, elder law attorneys and even the police. SHE even called them 911 herself! They killed her anyway. Who knows how to tweet, do facebook or whatever it takes to get others united

I would love to help organize a first “national conference for victims of probate abuses”. WE NEED TO UNITE. The internet has made it possible for us to share our stories now, and they are all the same. There are appear to be precious few attorneys either willing OR able to help us. Those who are willing simply lack the probate knowledge to do much, and the ones with knowledge have no desire to help. WE NEED A UNITED VOICE, bringing together those listed above with others of us maybe not quite so computer literate but capable in other ways. Any ideas? PLEASE let us know!

Well, if it is true that in the eyes of the law you are declared “legally dead” when guardianship is approved….then pulling a .45 out and blowing the perps away is an offense (homicide) a dead man can’t be charged with, correct?????

Yes, it is. So either they are not declared “legally dead” or options are there to be had……………………

This is why the surviving family members have the 2nd Amendment. Putting away corruption in our courts, by the citizens is the only thing that will work. If you wait for the courts to police themselves, then you will be here when Hell freezes over.

Thanks for your post. People need to be more aware of this! We watched our elderly neighbor being set up for a plundering like this. When we realized what was happening to him, we warned him, showed him evidence of others who had been taken by the same couple (the husband was a kook attorney specializing in Seniors’ ‘Estate Planning’…) and we went to the police, District Attorney and even hired an attorney for him, but the D.A. wouldn’t do anything, police wouldn’t do anything and our neighbor was too ill by then to stand up for himself.

Witnesses saw the couple physically force him to sign documents and heard them threaten to withhold care for his invalid daughter if he wouldn’t cooperate, so he was scared to change anything they’d set up for him. The witnesses were too scared of this couple to do more than tell us about it. The couple moved him into a nursing home with his daughter. He passed away shortly thereafter, his valuables were taken away a few days later and what remained, a crew removed in an hour or so. They sold his house within days (no mortgage, 1.5M in equity!), took the daughter out of the nursing home and all disappeared. It was as if our dear neighbor of 40 years and his World War II accomplishments, his daughter, and the memories they’d kept for her of her mom had never even existed…thanks to these bloodsucking guardians. Heartbreaking.

I like the article. It brings light to a portion of the legal system that is filled with problems. In my own horror story, the probate court was used by the elderly person to abuse their child. It is not only the elderly that are taken advantage of by the probate courts. In our case, the elderly person stalked us and threatened us, but we could do nothing about it, since probate courts do not issue “orders of protective custody”.